MT. HAMIDA KHATOON Vs. SHIBANANDA BHANDARI AND ORS.

JUDGEMENT

(1.) THIS appeal arises out of an ejectment suit. The suit was decreed in the trial Court. On appeal, the learned Sub -Judge found that the notice of ejectment was invalid, allowed the appeal and dismissed the suit.

(2.) THE only question that arises is - -whether the notice of ejectment did not fulfil the requirements of law.

(3.) THE Defendant pleaded that the tenancy was for horticultural purposes. The learned Munsiff found that the tenancy was for residential purposes, and the notice was in conformity with the requirements of law. The learned Sub -Judge, on appeal, held that the Defendant was an 'annual tenant by contract' Section 106 , T.P. Act did not apply and Defendant was entitled to six months' notice on the ground that the tenancy was from year to year.